African Human Rights CLA 2.0

Communication 319/06 - Interights & Ditshwanelo v. The Republic of Botswana Summary of the Complaint 1. The Complaint is filed by the International Centre for Human Rights (Interights)1, and Ditshwanelo-the Botswana Human Rights Centre (the Complainants), on behalf of Mr. Oteng Modisane Ping (the Victim), against the Republic of Botswana, (Respondent State), State Party to the African Charter. 2. The Complainants allege that the Victim was accused of the murder of his girlfriend and her son in 2002, and was accordingly convicted and sentenced by the High Court of the Respondent State to fifteen years imprisonment for the murder of his girlfriend, and to death by hanging for the murder of her 6 year old son. 3. In February 2005, the Victim appealed but the Court of the Appeal, which is the highest judicial authority in the country, dismissed the appeals in both cases. In dismissing the appeals, the Court of Appeal observed that the extenuating circumstances had already been considered with regard to the murder of the girlfriend and that the same did not apply in the murder of the son. 4. On 1 February 2006, the Victim submitted an appeal for clemency to the President of the Respondent State. At the time of making the Complaint, the Complainants believed that the decision to deny the Victim clemency had already been communicated to the prisons department and his warrant of death signed. International Centre for Human Rights (INTERIGHTS) IS A Non-government Organization which was granted Observer Status with the Commission during the 18 th Ordinary Session in October 1990. 1 1|P a g e